troduction of a standing army into the conftitution of this country. That it was abfolutely falfe that an option was given to the Company's fervants. The perfons in question were already engaged in that fervice; they had ferved in it many years; they had acquired no fortune; their fole dependance refted on the occupation in which they were engaged, and all their profpects in life were confined to it. Was it an option to fuch perfons to tell them, that if they did not accept of the terms newly impofed upon them, they were at liberty to come home? That is, if they did not fubmit to give up their birth-right by ftaying in India, they might preferve their birth-right by a furrender of all their claims and merits in the India Company's fervice, and return to ftarve in England.

Mr. Francis faid, that he objected to the law as fubverfive of the principles of the conftitution, and not to be justified by any precedents oppofed to principles. That he never would admit that the King, Lords, and Commons, had a right to take the trial by jury out of the English conftitution. That Mr. Pitt's telling the people in India what they were to expect if they continued there, was no answer to the objection. That on the fame principle he might have introduced the rack and the torture, and, provided he gave them timely notice of his intention, the parties concerned would have no right to object to it; for that, if they were unwilling to fubmit to the rack and the torture, it depended on themselves to leave the country before the law began to operate.

Mr. Francis cautioned the perfons who had the management of India affairs, to act with prudence and circumfpection in the prefent crifis: but that this was a fubject on which he thought it right to speak with great referve, wifhing them only to remember, that Bengal was utterly unaffailable by the power of Great-Britain. He concluded with faying, that he lamented the precedent unneceffarily established by this law of depriving British fubjects of the trial by Jury, for many reafons: Firft, for the injury which it did to the community at large as a dangerous example; fecondly, for the fake of the perfons immemediately affected by it; and finally, for a reafon, which, though of much lefs importance, he confeffed was particularly painful to himfelf, from the refpect he bore to the memory of a noble relation to Mr. Pitt; that he wás forry to fee that two ideas, which he never thought could,

under any poffible fuppofition, be united -that of the name of the Right Hon. Gentleman, and of the deftruction of the trial by Jury, fhould belong to one another, and be delivered down to posterity together.

Mr. Dundas rofe to contradict Mr. Francis on his ftatement of the Bengal revenues, and pledged himself at a proper time to enter into that difcuffion, and to prove that all he had faid on that part of the fubject was falfe.

Mr. Francis faid, he was glad Mr. Dundas had promifed to enter into a difcuffion of the revenue accounts, because he concluded from that promise, that the papers neceffary for going into that difcuf fion, would not be refufed when they fhould be called for; and he thanked Mr. Dundas for giving him that fatisfaction-[Here he was interrupted by Mr. Dundas, who refufed his thanks, and faid he never meant to enter into any fuch engagement, or to bind himself to grant any papers until he knew what they were.]Mr. Francis faid, there could be but one paper immediately in question, viz. the eftimate of refources and disbursements for the year, ending the 1ft of May, 1786.

HOUSE OF COMMONS.
Friday, 27th January.

MILITIA.

The Hon. Charles Marsham gave notice, that he would, on Tuefday next, move leave to bring in á Bill to reduce all the Militia Laws into one act of Parliament.

SHOP TAX.

A petition against the Shop Tax from the city of London having been prefented by Mr. Alderman Sanderson from the bar, it was read at the table.

Sir Watkin Lewes moved, "that the faid petition do lie on the table."

The Speaker having put the question, it was agreed to.

Sir Watkin then rofe again, and gave notice of his intention to move for a repeal of the act, impofing certain duties upon fhops; but as he understood petitions against it were likely to come from almoft every town and city in the kingdom, he fhould wait for thofe petitions being prefented, and would give the House a week's notice of the day, on which he proposed to make his motion.

NEWFOUNDLAND SUPPLY BILL. Mr. Jenkinfon fignified his intention to move for leave to bring in a Bill for regu

lating the mode of fupplying Newfound land with braa, flour, live ftock, &c. from the United States, fimilar to the Bill of the last Setlion, with the difference only of extending the operation of the Bill to two years, by the end of which time, he fd, in all probability, matters would have come round fo as to make any further Bill of the fame fort unneceffary. Mr. Jenkinton moved, "that the House refolve ittelf into a Committee of the whole Houfe, to take his motion into confideration." The Speaker faid, it did not appear to him that it was neceffary to refer the motion to a Committee of the whole Houfe. Air. M. A. Taylor rofe, as reprefentative of the town principally concerned in the Newfoundland trade, and declared, that he had no objection, under the circumstances of the cafe, to give his confent to the bringing in of a Bill upon the principles ftated by the Right Hon. Gentleman, but at the expiration of the two years, he hoped it would be then thought expedient to enact a total prohibition of any fupply of the Ifland of Newfoundland, from the United States of America.

The House refolved itself into a Committee, Mr. Gilbert in the Chair, and the motion being put in form, the Committee came to a refolution, "that it appeared to them proper that leave be given to bring in the Bill."

Mr. Gilbert was ordered to report the faid refolution to the Houfe, and as foon as the Houfe was refumed, he reported the refolution, when leave was given to bring in the Bill.

ELECTION PETITIONS.

Mr. Attorney General moved, that the Election Petitiors be fet down to be heard and tried, in the order that they were delivered in at the table, as had been the practice the two preceding Seffions; which having been agreed to, Petitions from the following places were delivered, and fet down to be heard in the order fubfequently stated.

Honiton Electors, Tuesday, 14th of February next.

Ilchefter G. Johnstone, Thurfday, 16th of February.

Seaford-Sir G. Webster and others, Tuesday, 21ft of February.

Nairne--Cofmo Gordon and Electors, Thursday, 23d of March.

HOUSE OF COMMONS.

Turfday, January 31. MILITIA. This day the Hon. Charles Marsham POL. MAG, VOL. X. FEB. 1786.

rofe in his place, agreeable to his notice of Friday laft, to move for leave to bring in a Bill for amending and reducing all the laws relative to the Militia of that part of Great Britain called England, into one Ast of Parliament." He faid, he would fhortly ftate the reafons that induced him to make this motion: and first of all, he thought it incumbent on him to declare that he deemed the Militia the natural and moft constitutional defence of the kingdom, an object of the highest national importance. As a friend to the Militia, he wifhed it to be fo confidered by that House, and was perfuaded that nothing could be fo prejudicial and injurious to the fervice as treating it with indifference, or holding it cheap in eftimation. A fet of gentlemen, who, like himself, had ferved in the Militia, and were convinced of its great importance to the country, had, with him, directed their attention clofely to the fubject, and had exerted their endeavours towards difcovering the beft poffible means of preferving the Militia upon a refpectable and ufeful footing; and with that view it was, that he should bring forward the motion of which he had given notice. At the same time, he thought it candid in him to declare, that of all the Minifters this country could have, he did not believe there could be one found who would receive a propofal for improving the fituation on which the Militia ftood in a more fair, open, and proper manner, than the Right Hon. Gentleman, at that time, at the head of his Majefty's Councils. This Mr. Martham declared was the genuine fentiment of his heart, or he would not have uttered it; and no man, he flattered himfelf, could charge him with having held a conduct in that Houfe, on any one occafion whatfoever, that was not direct and fingere. Having faid this, he begged leave, in as few words as poffible, to remind the Houfe of the origin of the Militia, of the manner in which its fervices were received at the end of the war before the laft, and the manner in which they had been received at the end of the laft war; and he would leave it to them to draw the inferences from the facts he fhould ftate, and fubmit it to their confideration, whether it was not abfolutely neceffary, that fome meafures fhould be immediately taken refpecting the Militia, unless it was meant that the ufe and advantage of having fuch a conftitutional defence fhould be wholly loft to the country. In the year 1756 or 1757, when the war before the last broke out, a body of Hanoverians and P

Hellians

Heffians were brought into this kingdom for its internal fecurity. This, after a little time, occafioned fome difturbance; Englishmen revolted at the idea of not being capable of defending themfelves and their country, and the Militia began to be fet on foot. So agreeable did the circumftance prove to that Houfe, and fo well did they think of the plan, when reduced to practice, that in the courfe of one and the fame feffion they recognized the fcheme, countenanced it, and established it as a national measure: and fuch were the benefits the country derived from the Militia, that at the end of the war, the officers who had ferved in it received the efpecial thanks of his Majefty, and of that House. What rendered the thanks of the House of Commons doubly dear to the officers was, that thefe were voted at the very fame moment when an Addrefs to the King, thanking his Majefty for having put an end to the calamities of war, was voted. This was to his knowledge a matter extremely pleafing to all who had ferved in it; and as a proof that it was fo confidered, he begged leave to ftate that the Colonel of the Corps in which he had fince had the honour to ferve (the Kentifh Militia) ordered a copy of the vote of thanks of the Houfe of Commons to be made out and fent to each individual officer, that he might take it home with him, when the Militia was disbanded, and preferve it as an honourable teftimonial of the fenfe the reprefentatives of the people entertained of the ferv.ce he had done his country. After the peace of Paris, the Militia was called out, embodied, and trained once a year, a circumftance from which the kingdom had derived effential advantage, as the Houfe would fee upon reverting to facts within all their knowledge. At the commencement of the feflions, during which hoftilities between Great Britain and France were began, his Majefty, in his fpeech from the throne, fured them of his having received the most pacific affurances from all the European powers, and yet in the month of March in the fame feffion, news arrived of the French having concluded a treaty of amity and commerce with the United States of America, then at war with us, and an authentic paper upon the fubject was laid before both Houses of Parliament. The Militia were in confequence called out, and it was remarkable, that a Militia camp was formed as early that year, as in any one year during the war. The practicability of this could only be imputed to

the difcipline and the habits of duty a which the Militia was kept, from being fo conftantly trained and exercifed. How different had been the conduct of Govern ment at the end of the laft war? He ha predicted what would be the confequenc at the time, and all that he had predicte had happened. Though the Militia hat acted as well during the laft war as during the war preceding it, and though man gentlemen had dedicated their whole at tention to the fervice, it was not though that the Militia deserved thanks for wha they had done. He meant not to fay anj thing offenfive, and perhaps he had ufec too harsh an expreffion; but the fact was no thanks were given to the Militia by the Crown, no thanks had been voted by tha Houfe, and for three years together the Militia had never been called out once The confequence was, gentlemen grew indifferent to the fervice, and were difgufted at the neglect with which it had been treated. In faying this, he meant not to caft a reflection on any fet of men in partcular, but the fact was as he had stated it, and it was with a view to preferve the Militia from being loft altogether, that he had given himself the trouble to turn his thoughts to the fubject. He faid, he would take up no more of the time of the Houfe, than fhortly to ftate fome of the views with which the Bill he should move for leave to bring in had been prepared. The gentlemen who affifted him were all of opinion that one means was, to reduce all the various laws into one; and another material object of it was, to change the time of the duration of the fervice, and to alter it from three years to five. There were, he obferved, three objections generally made to the Militia: One, the great expence to the kingdom; another, the prejudice it did to the recruiting fervice of the army; and a third, the heavy burden it entailed on the country. The alteration he had stated met all thefe three objections, becaufe, if the men were drawn for five years instead of three, and their cloathing fo drawn, it would put the kingdom to an expence confiderably short of what it had hitherto cost; it would alfo prove infinitely lefs prejudicial to the recruiting fervice, inafmuch as fresh men for the Militia would not fo foon be wanted as before; and laftly, as fubftitures were only to be provided once in five years inftead of three, the individuals drawn, and confequently the country in general, would not be fo heavily burdened. Another alteration propofed by the Bill, Mr.

3

Martharn

Marsham faid, was reducing the number af ferjeants and drums, by having in fuure only two drums for the flank companies, and only one for thofe of the battalion, inftead of the prefent number. He stated alfo a fimilar reduction of ferjeants, and faid, that the refult must neceffarily be a very great faving to the public. He argued upon thefe points for a few minutes, and concluded with moving,

"For leave to bring in a Bill, for amending and reducing into one Act, all the Militia laws in that part of Great Britain called England."

Mr. Pye feconded the motion. The Chancellor of the Exchequer faid, it did not feem neceffary for him to fay much on a matter that appeared to meet with the approbation of fo large a part of the Houfe. He rofe merely to return his thanks to the Hon. Gentleman for having fo properly brought under their confideration, a matter of fuch truly national importance as the Militia; the interval of peace was, he faid, undoubtedly the fittest moment poffible for them to unite in en deavouring to put the great and moft conftitutional defence of the kingdom upon a refpectable and useful footing, and much as he profeffed himself to be the friend of teconomy in that as in every other branch of the public fervice, from a conviction of its extreme and indifpenfible neceffity, he was not fo much the flave of his opinion, as to wish to carry his efforts to introduce a rigid and univerfal adherence to œcosomy fo far, as by any means to leffen the advantages the country had ever felt, and he hoped ever would feel, from the establishment of a well difciplined and ef. fective militia. How far the means fuggefted by the Hon. Gentleman for attain ing a purpofe equally defirable to him, and he trufted to all who heard him, might be thought the beft means poffible to be adopted, was a matter for future confideration, and would regularly come under difculfion when the bill was before them, and its conrents specified. If it fhould be found poffible to preferve the militia on a refpectable footing without putting the public to the heavy expence attendant on calling that force out every year, he owned, he should be glad to adopt fuch means as might be fuggefted for that purpose; but at prefent it was not neceflary for him to fay a word farther than to fulfill his intentions when he refe, which were to returu his fincere and grateful acknowledge ment to the hon. gentleman, and to those

other gentlemen, who had been fo good as to turn their thoughts to a fubject, of fuch high importance, that it merited the ut moft attention of him and of every man in that Houfe.

Mr. Marsham rose a second time merely to ftate, that the calling out the Militia regularly every year, appeared to him to be fo effential to the prefervation of that force on a refpectable and useful footing, that if it was the determination of the Right Hon. Gentleman to oppose or fet his face against it, he fhould not think it much worth his while to give himself any farther trouble about it, but would leave the whole fubject in its prefent fituation. Mr.Marfham appealed to every gentleman prefent, who had ferved in the Militia, whether they were not convinced, that nothing could tend fo much towards making the militia capable of being fuddenly called to the field, in a cafe of emergency, as the accuftoming the men to be trained and exercifed once a year; and that if they were not called out but upon the fpur of the occafion, little immediate benefit could be expected from their fervice, whenever a national exigency requir ed it.

The Speaker put the question, and it was unanimously agreed to.

HOUSE OF COMMONS,

Wednesday, Feb. 1.

The fame account of rum imported into Scotland.

"Three accounts of Exchequer Bills. "An account of the fums of money arifing from duties on houfes paid-over.

"An account of the total of all fums of money affetfed on houfes, carriages and fervants.

"An account of the total of all fums impofed in 1785, and which have been paid into the Exchequer.

"An account of the amount of money on carriages and male fervants under the direction of the Commiflioners of Excife,

Thursday, February, 2.

ARMY ESTIMATES.

This day the Secretary at War (Sir George Yonge) prefented the army eftimates, and gave notice that he thould move for referring them to the confider. tion of a committee of fupply next Wednefday.

The Speaker ftated, that it had been customary to have the army eftimates a week upon the table for the information of the members, previous to their being taken into confideration. He faid, he thought it his duty to ftate the fact, but fubmitted it to the difcretion of the House to act as they thought proper.

Lord Surrey wished, as no particular bufinefs food for Wednesday, that the House would take that day, and that all the publick affairs and political concerns would be brought on early, and not put off till fo late a period of the feffions, as they fometimes had been.

The notice was taken for Wednesday.

SHOP TAX.

Mr. Cruger prefented a petition from the fhopkeepers of Bristol, praying a repeal of the act, impofing a tax on retail fhopkeepers.

The petition was read at the table.

Mr. Cruger then ftated, that thofe of his conftituents who had figned the petition complained of the tax as a partial, and therefore an oppreffive and unjuft impoft. He faid, if the tax could be fo far altered, as to make it a general tax on all housekeepers, and thus do away its partiality, his conftituents would fubmit to it with out complaint.

The petition was, upon motion, ordered to lie on the table.

WASTE LANDS.

Juft as the queftion for adjournment was putting, Mr. Rolle rofe, and begged

to know whether the Right Hon. Gentleman at the head of his Majefty's councils meant to bring forward any mealure is the courfe of the feffion relative to the fale of wafte lands. If the Right Hon. Gentleman would fay, that he had no fuch inten. tion. Mr. Rolle declared, he would himfelf take an opportunity of making a motion on the fubject.

The Chancellor of the Exchequer faid, it was highly probable that fomething might be brought forward on the fubject of the wafte lands, in the courfe of the feffion. Mr. Rolle wifhed for a precile antwer, no farther reply being made, the Speaker put the question and the House adjourned.

but

HOUSE OF COMMONS. Monday, February, 6.

SHOP TAX.

This day petitions against the fhop tax were prefented to the Houfe of Commons from the fhop-keepers of Middlefex, Weftminfter, Southwark, the city of London, and the towns of Birmingham, Leeds, and Cirencester.

When Lord Hood had brought up the Westminster fhop keepers petition, and it had been read at the table,

Mr. Fox rofe and faid, he hoped, in confequence of the various petitions from fo many of their conftituents, praying a repeal of the act, impofing a tax on fhops, fome measure would fpeedily be taken in that House. He did not then fee the worthy Alderman in the Houfe who had pledged himself to make a motion on the fubject, and therefore he would not fay more refpecting it at that time; but when the petition that had been prefented by his noble colleague was looked at, would be found that it was figned by upwards of 4000 perfons, all of whom were to his knowledge real fhop-keepers; he hoped therefore it would convince the Houle, that whatever differences of opinion there might have been in the City of Westminster with refpect to politics, there the fubject of complaint against the shopwas a perfect and complete unanimity on

tax.